Moscow Government to preclude non-designated use of land plots
Legal Update No. 444, 15 January 2014
Goltsblat BLP advises that
Moscow Government Resolution No. 819-PP of 11 December 2013 (the Resolution) has
been adopted. Its purpose is to identify and put an end to any unlawful use of
land plots (other than for their designated purpose).
In particular, lists are
500 real estate properties created on land plots not granted for construction
(reconstruction) purposes and (or) without a construction permit and in
relation to which title has been registered and (or) details have been duly
entered in the state real estate cadastre.
200 land plots owned by the City of Moscow and land plots in undelimited state
ownership on the territory of Moscow that accommodate property and were not
provided for construction (reconstruction) and (or) for which construction
(reconstruction) permits were not granted.
These lists are to be updated
at least once a quarter and the Moscow City Property Department is charged with
filing relevant judicial claims (evidently meaning suits for demolition of
unauthorised structures, recognition of the City of Moscow’s title to an
unauthorised structure, and so on). The relevant lists may be found on the
Moscow Government official website at
The Moscow City Property
Department is also charged with including, in agreements on transfer into
possession and (or) use of land plots owned by the City of Moscow and land plots
in undelimited state ownership on the territory of Moscow, conditions on:
by Moscow authorities of measures to terminate unlawful (undesignated) use of
a land plot in violation of the permitted use of the land plot (failure to
observe the purposes for which it was granted);
withdrawal from the agreement (unilateral cancellation thereof) in the event
of violation of the permitted use of the land plot (failure to observe the
purposes for which it was granted).
Other measures are also
specified for collaboration between state authorities and local government
bodies in the given sphere.
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